Criminal Law Act 1977/Schedule 1

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Criminal Law Act 1977

Schedule 1

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4250912Criminal Law Act 1977 — Schedule 1

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SCHEDULES

Sections 16 and 30.

SCHEDULE 1
Offences Made Triable Only Summarily, and Related Amendments

1 Offence	2 Enactment	3 Amendment	4 Old penalties	5 New penalties
Night Poaching Act 1828 (c. 69)
1. Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose).	Section 1.	For the words from “such offender” onwards substitute “he shall be liable on summary conviction to a fine not exceeding £200”.	(a) for a first offence, on summary conviction, 3 months or £100 and, in default of finding sureties of £10, a further 6 months; (b) for a second offence, on summary conviction, 6 months or £100 and, in default of finding sureties of £20, a further 12 months; (c) for a third offence, on conviction on indictment, 2 years or a fine or both.	£200.
Truck Act 1831 (c. 37)
2. Offences under section 9 (entering into illegal contracts or making illegal payments).	Section 9.	For the words from “for the first” onwards substitute “be liable on summary conviction to a fine not exceeding £200”.	(a) for a first offence, £10; (b) for a second offence, £20; (c) for a third offence, £100.	£200.
Public Meeting Act 1908 (c. 66)
3. Offences under section 1(1) (endeavouring to break up a public meeting).	Section 1(1).	After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”.	(a) on summary conviction 3 months or £100 or both; (b) on conviction on indictment 12 months or £500 or both.	6 months or £1,000 or both.
Children and Young Persons Act 1933 (c. 12)
4. Offences under section 3 (allowing persons under 16 to be in brothels).	Section 3.	For the words from “guilty” to “twenty-five pounds” substitute “liable on summary conviction to a fine not exceeding £50”.	(a) on summary conviction 6 months or £25 or both; (b) on conviction on indictment 6 months or £25 or both.	6 months or £50 or both.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6.) (c. 6)
5. Offences under section 5 (conduct conducive to breaches of the peace).	Section 5 (as substituted by section 7 of the Race Relations Act 1965).	After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”.	(a) on summary conviction 3 months or £100 or both; (b) on conviction on indictment 12 months or £500 or both.	6 months or £1,000 or both.
Water Act 1945 (c. 42)
6. Offences under section 7 (failure to comply with obligations in relation to the obtaining of information as to underground water).	Section 7(7).	After “Act” add “and shall on summary conviction be liable to a fine not exceeding £200 and, where the offence continues after conviction, to a further fine of £20 for every day during which it so continues”.	(a) on summary conviction £50 and, where the offence continues, a daily fine of £5; (b) on conviction on indictment £200 and, where the offence continues, a daily fine of £20.	£200 and, where the offence continues, a daily fine of £20.
7. Offences under section 34 (securing that water discharged under that section into a water-course is unpolluted).	Section 34(5).	After “Act” add “and shall on summary conviction be liable to a fine not exceeding £200 and, where the offence continues after conviction, to a further fine of £20 for every day during which it so continues”.	(a) on summary conviction £50 and, where the offence continues, a daily fine of £5; (b) on conviction on indictment £200 and, where the offence continues, a daily fine of £20.	£200 and, where the offence continues, a daily fine of £20.
8. Any offence consisting in a contravention of section 71 of Schedule 3 (pollution from liquids resulting from manufacture of gas).	Section 71 of Schedule 3.	For the words from “fifty pounds” to “ten pounds” substitute “£200 and to a further fine not exceeding £20”.	(a) on summary conviction £50 and, where the offence continues, a daily fine of £10; (b) on conviction on indictment £200 and, where the offence continues, a daily fine of £20.	£200 and, where the offence continues, a daily fine of £20.
Representation of the People Act 1949 (c. 68)
9. Offences under section 49 (offences in connection with service declarations).	Section 49(1).	For the words from “fifty” to “one hundred pounds” substitute “£500”.	(a) on summary conviction £50 or 3 months or both; (b) on conviction on indictment £100 or 6 months or both.	£500 or 6 months or both.
Post Office Act 1953 (c. 36)
10. Offences under section 56 (criminal diversion of letters from addressee).	Section 56(1).	For the words from “guilty” onwards substitute “liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both”.	£50 or 6 months.	£500 or 6 months or both.
Dentists Act 1957 (c. 28)
11. Offences under section 34 (prohibition on practice of dentistry by laymen).	Section 34(1).	For paragraphs (a) and (b) substitute “on summary conviction to a fine not exceeding £1,000”.	(a) on summary conviction £100; (b) on conviction on indictment £500.	£1,000.
12. Offences under section 35 (prohibition on use of practitioners’ titles by laymen).	Section 35(2).	For paragraphs (a) and (b) substitute “on summary conviction to a fine not exceeding £1,000”.	(a) on summary conviction £100; (b) on conviction on indictment £500.	£1,000.
13. Offences under section 37 (restrictions on individuals).	Section 37(1).	For paragraphs (a) and (b) substitute “on summary conviction to a fine not exceeding £1,000”.	(a) on summary conviction £100; (b) on conviction on indictment £500.	£1,000.
Opticians Act 1957 (c. 32)
14. Offences under section 20 (restriction on testing of sight).	Section 20(5).	For the words from “one hundred pounds” onwards substitute “£500”.	(a) on summary conviction £100; (b) on conviction on indictment £250.	£500.
15. Offences under section 21 (restriction on sale and supply of optical appliances).	Section 21(5).	For the words from “one hundred pounds” onwards substitute “£500”.	(a) on summary conviction £100; (b) on conviction on indictment £250.	£500.
16. Offences under section 22 (penalty for pretending to be registered etc).	Section 22(1) and (2).	In each subsection, for the words from “one hundred pounds” onwards substitute “£500”.	(a) on summary conviction £100; (b) on conviction on indictment £250.	£500.
Betting, Gaming and Lotteries Act 1963 (c. 2)
17. Offences under the following provisions— section 7 (restriction of betting on dog racecourses); section 10(5) (advertising licensed betting offices); section 11(6) (person holding bookmaker’s or betting agency permit employing a person disqualified from holding such a permit); section 18(2) (making unauthorised charges to bookmakers on licensed track); section 19 (occupiers of licensed tracks not to have any interest in book-making thereon); section 21 (betting with young persons); section 22 (betting circulars not to be sent to young persons).	Section 52.	For paragraphs (a) and (b) of subsection (2) (penalties for certain offences) substitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”.	(a) on summary conviction £50 or, on a second or subsequent conviction, 2 months or £100 or both; (b) on conviction on indictment £300 or, on a second or subsequent conviction, 6 months or £500 or both.	1,000 or 6 months or both.
Police Act 1964 (c. 48)
18. Offences under section 51(1) (assaults on constables).	Section 51(1).	For paragraphs (a) and (b) substitute “on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”.	(a) on summary conviction 6 months, or in the case of a second or subsequent conviction 9 months, or £100 or both; (b) on conviction on indictment 2 years or a fine or both.	6 months or £1,000 or both.
Theatres Act 1968 (c. 54)
19. Offences under section 6 (provocation of breach of the peace by means of public performance of play).	Section 6(2).	For paragraphs (a) and (b) substitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”.	(a) on summary conviction 3 months or £100 or both; (b) on conviction on indictment 12 months or £500 or both.	6 months or £1,000 or both.
Road Traffic Act 1972 (c. 20)
20. Offences under the following provisions—	In Part I of Schedule 4 (as amended by Part IV of Schedule 5 to the Road Traffic Act 1974)—
section 5(1) (driving or attempting to drive when unfit to drive through drink or drugs);	the entry relating to section 5(1);	For the words in column 3 substitute “Summarily” and for the words in column 4 substitute “6 months or £1,000 or both”;	(a) on summary conviction £400 or 4 months; (b) on conviction on indictment 2 years or a fine or both;	6 months or £1,000 or both;
section 5(2) (being in charge of a motor vehicle when unfit to drive through drink or drugs);	the entry relating to section 5(2);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “3 months or £500 or both”;	(a) on summary conviction £200; (b) on conviction on indictment 12 months or a fine or both;	3 months or £500 or both;
section 6(1) (driving or attempting to drive with blood-alcohol concentration above the prescribed limit);	the entry relating to section 6(1);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “6 months or £1,000 or both”;	(a) on summary conviction £400 or 4 months; (b) on conviction on indictment 2 years or a fine or both;	6 months or £1,000 or both;
section 6(2) (being in charge of a motor vehicle with blood-alcohol concentration above the prescribed limit);	the entry relating to section 6(2);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “3 months or £500 or both”;	(a) on summary conviction £200; (b) on conviction on indictment 12 months or a fine or both;	3 months or £500 or both;
section 9(3) (failing to provide a specimen of blood or urine for a laboratory test).	the entry relating to section 9(3).	for the words in column 3 substitute “Summarily” and in column 4, in paragraph (i) for the words “£400” substitute “6 months or £1,000 or both” and for the words from “£200” in paragraph (ii) to the end of paragraph (iv) substitute “3 months or £500 or both”.	(a) on summary conviction— (i) where it is shown that the offender was driving or attempting to drive, £400; (ii) where in any other case it is shown that the offender was in charge of a motor vehicle on a road or other public place, £200; (b) on conviction on indictment— (i) 2 years or a fine or both in the case of a conviction where it is shown as mentioned in paragraph (a)(i) above; (ii) 12 months or a fine or both in the case of a conviction where it is shown as mentioned in paragraph (a)(ii) above.	(a) where it is shown that the offender was driving or attempting to drive, 6 months or £1,000 or both; (b)where in any other case it is shown that the offender was in charge of a motor vehicle on a road or other public place, 3 months or £500, or both.
Health and Safety at Work etc. Act 1974 (c. 37)
21. Offences under section 33(5) (continuing contravention of improvement notice, prohibition notice or court order).	Section 33(5).	For the words from “liable” to “£50” substitute “liable on summary conviction to a fine not exceeding £100”.	£50 for each day on which the contravention continues.	£100 for each day on which the contravention continues.